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U.S. Supreme Court refuses to Hear Challenge to DACA Ruling

On February 26, the U.S. Supreme Court denied a request from the Trump administration to hear a challenge on a lower court’s ruling to allow Deferred Action for Childhood Arrivals (“DACA”) to continue. USA Today reported that the ruling from the U.S. District Court in the Northern District of California will remain while the Ninth Circuit Court of Appeals is reviewing the case.

Because of the ruling, the newspaper reported, approximately 700,000 undocumented young adults -who participated in DACA when the Obama administration began the program in 2012 – will continue to be allowed to stay in the country.

A previous blog discussed the controversy regarding DACA. On September 5, 2017, President Trump announced that DACA would end on March 5, 2018 and no more applications would be accepted. But with the recent Supreme Court ruling, Congress may no longer feel pressured to act before that deadline.

The New York Times reported that the states of California, Maine, Maryland and Minnesota and University of California President Janet Napolitano – who was Secretary of Homeland Security during the Obama administration and who signed off on DACA in 2012 – filed separate lawsuits in an attempt to stop the president from ending DACA. On January 9, 2018, U.S. District Court Judge William H. Alsup of San Francisco ruled in favor of the plaintiffs, stating that the president’s move to end DACA was arbitrary and capricious.

The Supreme Court stated in its ruling that, while the president has the power to change the policies of his predecessors, he is not allowed to have the higher court look into the case while it is still being reviewed by the Appeals Court, which the Supreme Court expects to “proceed expeditiously to decide this case.”

This means that the federal government must renew the current DACA recipients’ permits, which are good for two years. If you or a loved one is currently protected under DACA and need further assistance, contact the experienced New York immigration lawyers at Bretz & Coven, LLP. They have a long history of zealous, knowledgeable, and honest advocacy on behalf of non-citizens. With two immigration law offices located in New York, New York and Clark, New Jersey, the firm’s attorneys are available to provide non-citizens in the tristate area the legal representation they need. For more information or to schedule a consultation, call our New York City immigration lawyers at (212) 267-2555 or fill out our contact form.

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The immigration consequences of criminal or fraudulent conduct can be harsh and often illogical. Even a very minor offense could have a dramatic immigration consequence, including deportation, detention without bond, being denied naturalization, a visa or re-entry into the United States. Likewise, the use of fake or fraudulent documents, aliases, and other misrepresentations can have similar immigration consequences. Kerry Bretz and Bretz & Coven have been counseling non-citizen criminal defendants, as well as their lawyers, for over 20 years. We have a long history of strategizing deportation and removal defenses, as well as applications for waivers, in very complicated cases.

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